HB-5467, As Passed Senate, September 29, 2004                               

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5467

                                                                             A bill to amend 1887 PA 128, entitled                                             

"An act establishing the minimum ages for contracting marriages;            

to require a civil license in order to marry and its                        

registration; to provide for the implementation of federal law;             

and to provide a penalty for the violation of this act,"                    

by amending sections 3 and 3a (MCL 551.103 and 551.103a), section           

3 as amended by 1984 PA 346 and section 3a as amended by 1989 PA            

270.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 3.  (1)  Every person who becomes An individual who is

2   18 years of age  shall be or older is capable by law of                    

3   contracting marriage.   Every person who becomes An individual             

4   who is 16 years of age but is less than 18 years of age  shall              

5   be is capable of contracting marriage with the written consent             

6   of 1 of the parents of the  person individual or the  person's

7   individual's legal guardian, as provided in this section.  As               

8   proof of age, the party to the intended marriage, in addition to            

1   the statement of age in the application, when requested by the              

2   county clerk, shall submit a birth certificate or other proof of            

3   age.                                                                        

4   (2) The county clerk  on the application made  shall fill out               

5   the blank spaces of the license according to the sworn answers of           

6   the applicant, taken before the county clerk, or some person duly           

7   authorized by law to administer oaths.   When If it appears from           

8   the  affidavit that either sworn statement that the applicant is           

9   applying for a license for the marriage to  a person who has not            

10  become an individual who is not 18 years of age or older, that             

11  the applicant has not become 18 years of age, or that both                  

12  persons individuals applying for a license are less than 18               

13  years of age, the county clerk shall require that  there first be           

14  produced  the written consent of 1 of the parents of each  of the           

15  persons individual who is less than 18 years of age or of the              

16  person's individual's legal guardian be produced.  The consent            

17  shall be to the marriage and to the issuing of the license for              

18  which application is made.  The consent shall be given personally           

19  in the county clerk's presence  of the county clerk  or shall be            

20  acknowledged before a notary public or other officer authorized             

21  to administer oaths unless the  person individual does not have            

22  a living parent or guardian.                                                

23  (3) A county clerk shall not issue a marriage license to an                 

24  individual who fails to sign and file with the county clerk an              

25  application for a marriage license that includes a statement with           

26  a check-off box indicating that both parties to the intended                

27  marriage have or have not received premarital education.

1   (4) A license shall not be issued by the county clerk until                 

2   the requirements of section 2a and this section are complied                

3   with.  The written consent shall be preserved on file in the                

4   office of the county clerk.  If the parties are legally entitled            

5   to be married, the county clerk shall sign the license and                  

6   certify the fact that it is properly issued, and the clerk shall            

7   make a correct copy of the license in the books of registration.            

8   (5)  (2)  A fee of $20.00 shall be paid by the party applying               

9   for the license.  which shall be paid by the The county clerk              

10  shall pay the fee into the county general fund.  of the county.

11  The county board of commissioners shall allocate $15.00 of each             

12  fee collected to the circuit court for family counseling                    

13  services, which shall include counseling for domestic violence              

14  and child abuse.  If family counseling services are not                     

15  established in the county, the circuit court may use the money              

16  allocated to contract with public or private agencies providing             

17  similar services.   Funds Money allocated to the circuit court             

18  pursuant to by this section  which are that is not expended              

19  shall be returned to the county general fund  of the county  to             

20  be held in escrow until circuit court family counseling services            

21  are established  pursuant to Act No. 155 of the Public Acts of              

22  1964, as amended, being sections 551.331 to 551.344 of the                  

23  Michigan Compiled Laws under the circuit court family counseling           

24  services act, 1964 PA 155, MCL 551.331 to 551.344.  A probate               

25  court may order the county clerk to waive the marriage license              

26  fee in cases in which the fee would result in undue hardship.  If           

27  both parties named in the application are nonresidents of the               

1   state, an additional fee of $10.00 shall be paid by the party               

2   applying for the license, which shall be deposited by the county            

3   clerk into the county general fund.  of the county.

4   (6) The county clerk shall give the license filled out and                  

5   signed, together with the blank form of certificate, to the party           

6   applying, for delivery to the  clergyman cleric or magistrate              

7   who is to officiate at the marriage.  On the return of the                  

8   license to the county clerk, with the cleric's or magistrate's

9   certificate  of the clergyman or magistrate  that the marriage              

10  has been performed, the county clerk shall record in the book of            

11  registration in the proper place of entry the information                   

12  prescribed by the director of  public community health.  The               

13  licenses and certificates issued and returned shall be forwarded            

14  to the state registrar appointed by the director of  public

15  community health on the forms and in the manner prescribed by the           

16  director.                                                                   

17  (7)  (3)  A charter county  which that has a population of                 

18  over 2,000,000 may impose by ordinance a marriage license fee or            

19  nonresident marriage license fee, or both, different in amount              

20  than from the fee prescribed by subsection  (2) (5).  The                

21  charter county shall allocate the fee for family counseling                 

22  services as prescribed by subsection  (2) (5).  A charter county           

23  shall not impose a fee  which that is greater than the cost of             

24  the service for which the fee is charged.                                   

25      Sec. 3a.  (1) A license to marry shall not be delivered                     

26  within a period of 3 days including the date of application.                

27  However, the county clerk of each county, for good and                     

1   sufficient cause shown, may deliver the license immediately                 

2   following the application.  A marriage license issued under this            

3   subsection is void unless a marriage is solemnized under the                

4   license within 33 days after the application.  This subsection              

5   does not apply if subsection (2) applies.

6   (2) If a party to a marriage license application does not                   

7   comply with section 2a, the clerk shall not deliver the marriage            

8   license until at least 28 days after the date of the                        

9   application.  A marriage license issued under this subsection is            

10  void unless a marriage is solemnized under the license within 58            

11  days after the application.                                                 

12      (3) Notwithstanding subsection (1) or (2), for good and                     

13  sufficient reason shown, a county clerk may deliver a marriage              

14  license immediately following the application.  A marriage                  

15  license issued under this subsection is void unless a marriage is           

16  solemnized under the license within 33 days after the                       

17  application.

18      Enacting section 1.  This amendatory act takes effect                       

19  October 1, 2004.                                                            

20      Enacting section 2.  This amendatory act does not take                      

21  effect unless Senate Bill No. 964 of the 92nd Legislature is                

22  enacted into law.